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Papers by Hallie Ludsin
Author(s): Ludsin, Hallie | Abstract: The international human rights movement is facing an existe... more Author(s): Ludsin, Hallie | Abstract: The international human rights movement is facing an existential crisis—a crisis created in part by its continuing failure to adequately address strong criticism that international human rights law (IHRL) is a form of cultural imperialism designed to destroy local religion and culture. While the debate underlying the crisis is not new, the strength of its threat to IHRL and the liberal democratic order is. One of the primary points of friction is over IHRL’s seeming rejection of a group right to be governed by religious or cultural law—a right IHRL proponents fear would open the doors to discrimination against women, the LGBT community and nonconformists. Already, populist leaders like President Erdogan of Turkey have been able to capitalize on a combination of demands for a role for religion in governance and frustration with economic inequality to claw back on human rights and democratic guarantees.The debates surrounding group rights have rea...
Shereen Mills reviews Spiral of Entrapment, written by Hallie Ludsin and Lisa Vetten
Preventive Detention and the Democratic State, 2000
South African Journal on Human Rights, 2004
Duke Journal of Gender Law Policy, 2008
This article seeks to fill a void in rights theory that permitted Western policy-makers to suppor... more This article seeks to fill a void in rights theory that permitted Western policy-makers to support the Iraqi and Afghan constitutions despite the risk they posed to women's rights. Women's advocacy efforts focused on the danger of discrimination from constitutional protection of religious law, which policymakers stated would be countered by the constitutions' progressive human rights provisions. The concept of discrimination failed to capture the true depth of harm, which is that religious law may exclude women from the protection of some or all of those human rights provisions. This article proposes expanding the theory of relational rights to simply and clearly explain the process that could render constitutionally protected individual rights meaningless to women in these countries. While the impetus for this article was the drafting of the Iraq and Afghan constitutions, this concept applies beyond these examples to any situation in which a country cedes authority over law or law enforcement to unaccountable non-governmental actors and is not limited to the adoption of religious law. Many women's groups around the world watched the drafting and adoption of the constitutions of Afghanistan and Iraq with horror, futilely trying to explain to policy-makers the danger constitutional protection for religious law poses to women's rights. The focus of their advocacy efforts was on the obvious discrimination that results from conservative and at this time prevailing interpretations of Shari'a law. Western policy-makers all too easily countered these efforts by pointing to the progressive human rights protections in both constitutions, claiming that they will balance out any detrimental effect of religion in government.
... Christine Biancheria, Restoring the Right to Have Rights: Statelessness and Alienage Jurisdic... more ... Christine Biancheria, Restoring the Right to Have Rights: Statelessness and Alienage Jurisdiction in Light of Abu-Zeineh v. Federal Laboratories, Inc., 11 Am. ... 17, 2005). Mr. Mushahwar specializes in representing individuals before the ecclesiastic courts. ...
Berkeley J. Int'l L., 2003
... St. LJ 737, 742-43 (1999). 9. Id. at 739-40. 10. David M. Bigge & Amelie von Briesen, Con... more ... St. LJ 737, 742-43 (1999). 9. Id. at 739-40. 10. David M. Bigge & Amelie von Briesen, Conflict in the Zimbabwean Courts: Women's Rights and Indigenous Self-Determination in Magaya v. Magaya, 13 Harv. Hum. Rts. J. 289, 305 (2000). ...
Author(s): Ludsin, Hallie | Abstract: The international human rights movement is facing an existe... more Author(s): Ludsin, Hallie | Abstract: The international human rights movement is facing an existential crisis—a crisis created in part by its continuing failure to adequately address strong criticism that international human rights law (IHRL) is a form of cultural imperialism designed to destroy local religion and culture. While the debate underlying the crisis is not new, the strength of its threat to IHRL and the liberal democratic order is. One of the primary points of friction is over IHRL’s seeming rejection of a group right to be governed by religious or cultural law—a right IHRL proponents fear would open the doors to discrimination against women, the LGBT community and nonconformists. Already, populist leaders like President Erdogan of Turkey have been able to capitalize on a combination of demands for a role for religion in governance and frustration with economic inequality to claw back on human rights and democratic guarantees.The debates surrounding group rights have rea...
Shereen Mills reviews Spiral of Entrapment, written by Hallie Ludsin and Lisa Vetten
Preventive Detention and the Democratic State, 2000
South African Journal on Human Rights, 2004
Duke Journal of Gender Law Policy, 2008
This article seeks to fill a void in rights theory that permitted Western policy-makers to suppor... more This article seeks to fill a void in rights theory that permitted Western policy-makers to support the Iraqi and Afghan constitutions despite the risk they posed to women's rights. Women's advocacy efforts focused on the danger of discrimination from constitutional protection of religious law, which policymakers stated would be countered by the constitutions' progressive human rights provisions. The concept of discrimination failed to capture the true depth of harm, which is that religious law may exclude women from the protection of some or all of those human rights provisions. This article proposes expanding the theory of relational rights to simply and clearly explain the process that could render constitutionally protected individual rights meaningless to women in these countries. While the impetus for this article was the drafting of the Iraq and Afghan constitutions, this concept applies beyond these examples to any situation in which a country cedes authority over law or law enforcement to unaccountable non-governmental actors and is not limited to the adoption of religious law. Many women's groups around the world watched the drafting and adoption of the constitutions of Afghanistan and Iraq with horror, futilely trying to explain to policy-makers the danger constitutional protection for religious law poses to women's rights. The focus of their advocacy efforts was on the obvious discrimination that results from conservative and at this time prevailing interpretations of Shari'a law. Western policy-makers all too easily countered these efforts by pointing to the progressive human rights protections in both constitutions, claiming that they will balance out any detrimental effect of religion in government.
... Christine Biancheria, Restoring the Right to Have Rights: Statelessness and Alienage Jurisdic... more ... Christine Biancheria, Restoring the Right to Have Rights: Statelessness and Alienage Jurisdiction in Light of Abu-Zeineh v. Federal Laboratories, Inc., 11 Am. ... 17, 2005). Mr. Mushahwar specializes in representing individuals before the ecclesiastic courts. ...
Berkeley J. Int'l L., 2003
... St. LJ 737, 742-43 (1999). 9. Id. at 739-40. 10. David M. Bigge & Amelie von Briesen, Con... more ... St. LJ 737, 742-43 (1999). 9. Id. at 739-40. 10. David M. Bigge & Amelie von Briesen, Conflict in the Zimbabwean Courts: Women's Rights and Indigenous Self-Determination in Magaya v. Magaya, 13 Harv. Hum. Rts. J. 289, 305 (2000). ...